Belgium Employment Law – Another set of upcoming reforms relating to working time and work regulations

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jehan dewasseige Module
Jehan de Wasseige

Senior Associate
Belgium

I am an associate in our International HR Group in Brussels where I advise our clients with respect to individual and collective labour law issues, as well as social security and HR matters.

anke istace Module
Anke Istace

Associate
Belgium

I am an associate in our Employment team in Brussels. I advise clients on a wide range of employment and social security law matters. I assist businesses with all legal aspects of the employment journey, from hiring to firing, in both individual and collective matters, focusing primarily on companies with international activities.

The Belgian federal government continues its reform of the Belgian labour market. See our previous newsflashes here and here. On 3 February 2026, a new draft act was published. It still needs to go through the full legislative process, but its adoption is widely expected in the coming weeks. The purpose of this new law is to offer more flexibility to employers and implement certain administrative simplifications. The key changes include the following:

1. Greater flexibility for working schedules and work regulations

The obligation to include all working schedules in the work regulations will be relaxed. Instead of listing every specific schedule, employers will be able to include a framework of normal working hours (e.g., days and hours during which work may be carried out, minimum and maximum daily/weekly hours). If an employer and employee agree on a schedule within that framework, it will no longer be necessary to list each schedule separately in the work regulations.

This change is intended to reduce administrative burden and provide greater flexibility while still ensuring predictability for employees.

2. Lower minimum weekly working hours for part-time employees

The minimum weekly working hours for part-time employees will decrease from 1/3 to 1/10 of the weekly working hours of full-time employees. The minimum period per work session (typically three hours) remains unchanged for the moment. This measure aims to lower barriers to recruitment and make smaller part-time jobs more attractive, including for benefit recipients.

3. Greater flexibility for night work

The general prohibition on night work, traditionally defined as work performed between 20:00 and 06:00, will be abolished. The general legal definition of night work remains unchanged, but for distribution, logistics and e-commerce sectors a specific regime will apply: for new hires, night premiums and related benefits will only apply for work performed between 23:00 and 06:00, while existing employees generally retain their current entitlements under agreed modalities.

4. Cap on statutory notice periods in case of dismissal

For employment contracts starting on or after 1 April 2026, the maximum notice period due by the employer upon dismissal will be capped at 52 weeks (i.e., one year) once an employee reaches sufficient seniority (approx. 17 years). Because this cap depends on length of service, its practical impact will only begin around 2043 for the first employees affected.

5. Non-recurring performance based benefits (CLA 90 bonuses)

The grant of CLA 90 bonuses (an interesting rewarding tool in Belgium given the beneficial tax and social security treatment) is subject to a specific procedure. From April 2026 onwards, this procedure will be fully digitalised, as the necessary documents will need to be submitted via a new online tool (and non-digital submissions will no longer be allowed). 

Companies granting CLA 90 bonuses to their employees should submit the underlying documentation to the authorities digitally, using the tool available here

6. Less administrative burden for temporary employment agencies

The current requirement for a declaration of intent between a temporary agency and the worker prior to engagement will be abolished, reducing paperwork. The written employment contract still remains mandatory, but this specific pre-engagement declaration will no longer be needed. 

Although the draft act is still subject to the parliamentary process, its adoption appears likely in the short term. Most measures aim at increasing flexibility and reducing administrative burdens and are hence good news for companies, but several changes (notably on night work and part-time thresholds) may require a strategic reassessment of workforce organisation and internal policies.

If you have any queries regarding the above article or Belgium employment law, please feel free to contact bruemployment@twobirds.com 

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